Montana Bar Exam (Uniform Bar Exam) — Questions and Answers

Question 1: Under Montana's Uniform Probate Code, intestate property of a decedent who dies leaving a spouse and children (all of the spouse) passes:

Entirely to the spouse (Correct answer)
Half to the spouse and half to the children equally
One-third to the spouse and two-thirds to the children
Entirely to the children

Correct answer: Entirely to the spouse

Under MCA § 72-2-212, if the decedent's surviving spouse is the parent of ALL the decedent's children, the spouse inherits the entire intestate estate.

Question 2: A Montana court will most likely enforce a liquidated damages clause when:

The breaching party agreed to it voluntarily
The amount is a reasonable forecast of actual harm (Correct answer)
The clause penalizes breach to deter the other party
Actual damages are easily calculable

Correct answer: The amount is a reasonable forecast of actual harm

Montana courts enforce liquidated damages clauses only when actual damages were difficult to estimate and the amount is a reasonable pre-estimate of harm, not a penalty.

Question 3: In Montana, a trust is generally created by:

A written instrument signed by the settlor or a court order (Correct answer)
Filing a trust deed with the county clerk
Recording a trust document with the Secretary of State
Oral declaration alone in all cases

Correct answer: A written instrument signed by the settlor or a court order

Montana's Uniform Trust Code (MCA § 72-38-401) requires a trust to be created by a written instrument executed by the settlor, or by a court order; oral trusts are limited to personal property trusts under specific conditions.

Question 4: What is required to prove the element of "mens rea" in a criminal case?

The physical act of committing the crime
The defendant's criminal history
The mental intent or knowledge of wrongdoing (Correct answer)
The victim's harm or injury

Correct answer: The mental intent or knowledge of wrongdoing

"Mens rea" is a Latin term meaning "guilty mind" and refers to the mental state or intent of the defendant when committing a crime. To prove mens rea, prosecutors must demonstrate that the defendant acted with a specific level of culpability, such as intent, knowledge, recklessness, or negligence, depending on the crime. It distinguishes accidental acts from criminal ones.

Question 5: Under Montana law, which of the following is NOT a ground for contesting a will's validity?

Fraud in the execution
Undue influence by a third party
The testator failed to leave assets to adult children (Correct answer)
Lack of testamentary capacity at execution

Correct answer: The testator failed to leave assets to adult children

Montana law does not require a testator to leave property to adult children; failure to provide for an adult child is not grounds to contest a will unless it results from mistake or pretermission of a child born after execution.

Question 6: Under Montana contract law, which of the following is an example of an output contract?

A buyer agrees to purchase all goods she requires from a single seller
A franchisor licenses its brand to a franchisee
A retailer orders a fixed quantity of 500 units per month
A seller agrees to sell all goods it produces to a single buyer (Correct answer)

Correct answer: A seller agrees to sell all goods it produces to a single buyer

An output contract is one in which the seller agrees to sell all of its output to one buyer; a requirements contract is when the buyer agrees to buy all its requirements from one seller.

Question 7: In Montana, attorney-client privilege protects communications that are:

Communications about future crimes only
Documents prepared in anticipation of litigation
Confidential communications between client and attorney for the purpose of obtaining legal advice (Correct answer)
Made in the presence of third parties

Correct answer: Confidential communications between client and attorney for the purpose of obtaining legal advice

Montana's attorney-client privilege (MCA § 26-1-803) protects confidential communications between client and attorney made for the purpose of obtaining legal advice.

Question 8: Under Montana law, an employer is vicariously liable for an employee's torts committed:

At any time, including personal errands
Only if the employer authorized the specific act
Within the scope of employment during working hours (Correct answer)
Never, unless the employer was also negligent

Correct answer: Within the scope of employment during working hours

Montana applies respondeat superior: an employer is vicariously liable when an employee's tortious act occurs within the scope of employment (in furtherance of the employer's business).

Question 9: The elective share available to a surviving spouse in Montana allows them to claim:

The entire estate regardless of the will
Only the intestate share minus bequests received
Exactly one-half of all marital property
A percentage of the augmented estate based on years of marriage (Correct answer)

Correct answer: A percentage of the augmented estate based on years of marriage

Montana's elective share under MCA § 72-2-220 entitles a surviving spouse to a percentage of the augmented estate that increases with the length of the marriage, up to 50% after 15 years.

Question 10: In Montana, personal jurisdiction over an out-of-state defendant requires:

Minimum contacts with Montana such that jurisdiction does not offend traditional notions of fair play and substantial justice (Correct answer)
Federal diversity jurisdiction
The defendant to be served within Montana only
The defendant to own property in Montana

Correct answer: Minimum contacts with Montana such that jurisdiction does not offend traditional notions of fair play and substantial justice

Montana courts apply the International Shoe minimum contacts standard; MCA § 25-2-201 (Montana's long-arm statute) reaches any basis constitutionally permitted.

Question 11: Which amendment to the U.S. Constitution guarantees the right to a fair trial?

Eighth Amendment
Fifth Amendment
First Amendment
Sixth Amendment (Correct answer)

Correct answer: Sixth Amendment

The Sixth Amendment to the U.S. Constitution guarantees several rights essential to a fair trial in criminal prosecutions. These include the right to a speedy and public trial, the right to an impartial jury, the right to be informed of the nature and cause of the accusation, the right to confront witnesses, and the right to have the assistance of counsel.

Question 12: Under the "exclusionary rule," what happens to evidence obtained in violation of the Fourth Amendment?

It is excluded from trial (Correct answer)
It is admissible in court
It can only be used if the defendant consents
It is subject to civil forfeiture

Correct answer: It is excluded from trial

The exclusionary rule is a legal principle that prohibits the use of evidence obtained in violation of a defendant's constitutional rights, particularly those under the Fourth Amendment (unreasonable searches and seizures). Its purpose is to deter police misconduct by removing the incentive to gather evidence illegally, ensuring that illegally obtained evidence cannot be used against a defendant in court.

Question 13: In Montana, a 'no-contest' (in terrorem) clause in a will is generally:

Enforceable in all circumstances
Unenforceable as against public policy
Enforceable unless the contestant had probable cause for the contest (Correct answer)
Void unless approved by a court at the time of execution

Correct answer: Enforceable unless the contestant had probable cause for the contest

Montana enforces in terrorem clauses under MCA § 72-2-532 but will not penalize a beneficiary who contests the will if there was probable cause to believe the will was invalid.

Question 14: What is "hearsay" in the context of evidence law?

A statement made by a witness under oath
A statement made outside of the courtroom offered for its truth (Correct answer)
A confession by a defendant
A judge's comment on the evidence

Correct answer: A statement made outside of the courtroom offered for its truth

Hearsay is defined as an out-of-court statement offered in court to prove the truth of the matter asserted. It is generally inadmissible because the person who made the statement is not under oath and cannot be cross-examined, which raises concerns about its reliability. The correct answer captures these two essential elements of the definition.

Question 15: Under Montana's Rules of Professional Conduct, which of the following best describes the duty of competence (Rule 1.1)?

Competence requires board certification in every area of practice
An attorney must always associate with a specialist
An attorney must be the best lawyer in their field
An attorney must provide legal services with the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation (Correct answer)

Correct answer: An attorney must provide legal services with the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation

Montana RPC 1.1 defines competence as providing legal services with the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

Question 16: Which type of evidence is not considered direct evidence?

A photograph of the crime scene
Fingerprint evidence (Correct answer)
A confession by the defendant
An eyewitness testimony

Correct answer: Fingerprint evidence

Direct evidence directly proves a fact without the need for inference, such as an eyewitness testifying to seeing an event. Fingerprint evidence, however, is considered circumstantial evidence because it requires an inference to connect the prints to a person and then to their involvement in a crime. While powerful, it doesn't directly prove the act itself but rather suggests it through a chain of reasoning.

Question 17: In Montana, which of the following best describes a spendthrift trust provision?

A provision that terminates the trust if the beneficiary mismanages funds
A provision restricting a beneficiary's ability to transfer their interest and creditors' ability to reach trust assets (Correct answer)
A provision requiring the trustee to spend trust assets quickly
A government benefit trust used in elder law planning

Correct answer: A provision restricting a beneficiary's ability to transfer their interest and creditors' ability to reach trust assets

Montana's UTC (MCA § 72-38-502) recognizes spendthrift provisions that prevent a beneficiary from voluntarily transferring their interest and restrict creditors from attaching trust assets before distribution.

Question 18: What does the doctrine of adverse possession allow?

The acquisition of title to land by occupying it for a certain period of time under specific conditions (Correct answer)
The transfer of property by will
The creation of an easement by necessity
The division of jointly owned property

Correct answer: The acquisition of title to land by occupying it for a certain period of time under specific conditions

The doctrine of adverse possession allows an individual to acquire legal title to another's land by occupying it openly, notoriously, continuously, exclusively, and hostilely for a statutory period. This legal principle essentially rewards the productive use of land and can transfer ownership from a neglectful owner to a long-term possessor who meets specific legal criteria.

Question 19: Which clause of the U.S. Constitution is primarily used to expand federal power over the states?

Equal Protection Clause
Necessary and Proper Clause
Commerce Clause (Correct answer)
Supremacy Clause

Correct answer: Commerce Clause

The Commerce Clause (Article I, Section 8, Clause 3) grants Congress the power to regulate commerce among the several states. Over time, the Supreme Court has broadly interpreted this clause, allowing the federal government to regulate a wide range of economic and even non-economic activities that substantially affect interstate commerce, thereby significantly expanding federal power.

Question 20: What is the legal standard for a police officer to make an arrest?

Clear and convincing evidence
Probable cause (Correct answer)
Preponderance of the evidence
Beyond a reasonable doubt

Correct answer: Probable cause

For a police officer to make a lawful arrest, they must have "probable cause." This legal standard means there are sufficient facts and circumstances to believe that a crime has been committed and that the person to be arrested committed it. Probable cause is a lower standard than "beyond a reasonable doubt" (for conviction) but higher than mere suspicion.

Question 21: Under M.R.Civ.P. 56, summary judgment shall be granted when:

The parties agree to waive trial
The case has been pending for more than one year
There is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law (Correct answer)
The moving party requests it and the other party does not respond

Correct answer: There is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law

Summary judgment under M.R.Civ.P. 56 is appropriate only when there is no genuine dispute of any material fact and the moving party is entitled to judgment as a matter of law.

Question 22: The "equal protection clause" is found in which amendment?

Nineteenth Amendment
Fourteenth Amendment (Correct answer)
Fifteenth Amendment
Thirteenth Amendment

Correct answer: Fourteenth Amendment

The Equal Protection Clause is a key provision of the Fourteenth Amendment to the U.S. Constitution. It states that no state shall "deny to any person within its jurisdiction the equal protection of the laws," meaning states must treat all individuals equally under the law, preventing discrimination.

Question 23: In Montana, the doctrine of promissory estoppel requires all of the following EXCEPT:

Injustice if the promise is not enforced
Reasonable and foreseeable reliance
A clear and definite promise
Written evidence of the promise (Correct answer)

Correct answer: Written evidence of the promise

Montana's promissory estoppel doctrine (Restatement § 90) does not require a written promise; oral promises suffice if the other elements are met.

Question 24: In a Montana general partnership, a partner's dissociation (withdrawal) causes:

Automatic dissolution of the partnership
Immediate personal liability for all future debts
Either buyout of the partner's interest or continuation of the partnership by remaining partners (Correct answer)
Forfeiture of all capital contributions

Correct answer: Either buyout of the partner's interest or continuation of the partnership by remaining partners

Under Montana's Revised Uniform Partnership Act, dissociation of a partner triggers either a buyout of their interest or, in certain circumstances, dissolution of the partnership.

Question 25: Under Montana law, which of the following is a proper basis for disqualifying a prospective juror for cause?

The juror has served on a jury in the past 5 years
The juror is employed in a related industry
The juror knows one of the parties
The juror has formed a fixed opinion about the case that they cannot set aside (Correct answer)

Correct answer: The juror has formed a fixed opinion about the case that they cannot set aside

MCA § 25-7-223 allows challenges for cause when a juror has a bias or prejudice, including a fixed opinion on guilt or liability that they state they cannot set aside.

Question 26: In Montana, class action certification under M.R.Civ.P. 23 requires all of the following EXCEPT:

Unanimity of class members (Correct answer)
Adequacy of representation
Numerosity
Commonality

Correct answer: Unanimity of class members

Rule 23 class certification requires numerosity, commonality, typicality, and adequacy of representation; unanimity of class members is not required.

Question 27: In Montana, which body has primary authority to admit attorneys to the practice of law and impose discipline?

The United States District Court for the District of Montana
The Montana Supreme Court, through the Office of Disciplinary Counsel (Correct answer)
The Montana Legislature
The State Bar of Montana Board of Directors

Correct answer: The Montana Supreme Court, through the Office of Disciplinary Counsel

The Montana Supreme Court has inherent and exclusive jurisdiction over attorney admission and discipline in Montana, exercised through the Office of Disciplinary Counsel and the Commission on Practice.

Question 28: Shareholders in a Montana corporation exercise their control primarily through:

Approval of every contract entered
Voting at annual and special meetings on major corporate matters (Correct answer)
Direct supervision of employees
Day-to-day management decisions

Correct answer: Voting at annual and special meetings on major corporate matters

Shareholders exercise control by voting at meetings — electing directors, approving fundamental changes, and acting on other matters requiring shareholder approval.

Question 29: Which of the following crimes typically requires proof of "specific intent"?

Manslaughter
Negligence
Battery
Theft (Correct answer)

Correct answer: Theft

Crimes like theft (or larceny) typically require proof of "specific intent," meaning the defendant must have intended to commit the act and achieve a particular result, such as permanently depriving the owner of their property. In contrast, crimes like battery or manslaughter might only require general intent or recklessness, where the defendant intended the act but not necessarily the specific harmful outcome.

Question 30: The principle of "judicial review" was established in which landmark Supreme Court case?

Marbury v. Madison (Correct answer)
McCulloch v. Maryland
Brown v. Board of Education (Correct answer)
Plessy v. Ferguson

Correct answer: Marbury v. Madison

The landmark Supreme Court case of Marbury v. Madison (1803) established the principle of judicial review. In this decision, Chief Justice John Marshall asserted the Court's authority to declare an act of Congress unconstitutional, thereby defining the judiciary's role in ensuring the constitutionality of legislative and executive actions.

Question 31: Montana's wrongful death statute (MCA § 27-1-513) allows damages for which of the following?

Loss of support, companionship, comfort, society, and services of the deceased (Correct answer)
Loss of consortium only
Grief and sorrow of the heirs only
Punitive damages automatically

Correct answer: Loss of support, companionship, comfort, society, and services of the deceased

Montana's wrongful death statute permits recovery for the pecuniary and non-pecuniary losses suffered by statutory heirs, including loss of support, companionship, and services.

Question 32: What is the definition of "relevant evidence"?

Evidence that is highly prejudicial
Evidence that confuses the issues
Evidence that has a tendency to prove or disprove a fact of consequence (Correct answer)
Evidence that only favors the prosecution

Correct answer: Evidence that has a tendency to prove or disprove a fact of consequence

Relevant evidence is fundamental to admissibility in court, meaning it must logically make a fact that is important to the case more or less probable than it would be without the evidence. This definition ensures that only evidence pertinent to the legal issues at hand is presented to the trier of fact. If evidence does not meet this basic threshold of relevance, it is generally inadmissible.

Question 33: Which of the following is an exception to the hearsay rule?

Leading questions
An out-of-court statement made by a witness with no personal knowledge
Statements made by the defendant's attorney
A dying declaration (Correct answer)

Correct answer: A dying declaration

A dying declaration is a well-established exception to the hearsay rule. This exception allows a statement made by a declarant who believes their death is imminent, concerning the cause or circumstances of their impending death, to be admitted as evidence. The law presumes that a person facing imminent death is unlikely to lie, thus providing a basis for its reliability despite being an out-of-court statement.

Montana Bar Exam (Uniform Bar Exam)

The Montana Bar Exam uses the Uniform Bar Exam (UBE) format, comprising the Multistate Bar Examination (MBE), Multistate Essay Examination (MEE), and Multistate Performance Test (MPT). Montana requires a minimum scaled score of 266 out of 400 to pass.

Questions

50 min

Time Limit

67%

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